JH vs. Upper Darby School District

INTRODUCTION AND PROCEDURAL HISTORY

The student named in the title page of this decision (Student) is an eligible resident of the school district named in the title page of this decision (District). (NT 68.) Student is not currently identified as a child a disability pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §1401 et seq. (IDEA). (NT 68.) The District requested due process in this matter, requesting an order authorizing it to evaluate Student in the absence of Parent’s consent. Parent strenuously objects to the proposed evaluation.

The hearing was concluded in one day and the record closed upon receipt of the transcript. I conclude that the District has good reason to evaluate the Student, and I will enter an order authorizing it to do so.

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Parent raised numerous objections to this proceeding , and eventually refused to return to

complete the hearing after a lunch break. I overruled each of Parent’s objections after hearing them (NT 5-63), and decided to complete the hearing when Parent did not return, because I concluded that Parent’s excuse was not credible, and was part of a deliberate attempt to manipulate the proceedings for purposes of delay. (NT 142-145.)

I want Parent to understand that nothing in this decision requires the Parent to do anything. My order is limited to telling the District that it can legally do what it can to evaluate the Student. I do not order the Parent to do anything or not do anything.